For Harassing Messages and Stalking, a Fine of 68 Thousand UAH and 4 Years Imprisonment May Be Imposed

In Ukraine, there is still no separate criminal article for stalking — intrusive pursuit of a person, surveillance of them, constant unwanted calls, messages, or control through social networks. At the same time, legislative initiatives that could change the situation have been pending in the Verkhovna Rada for a long time. If adopted, criminal liability may be imposed for systematic surveillance, imposed communication, cyberstalking, and other forms of interference in a person's private life that cause them fear for their own safety. In addition, lawmakers propose to provide an official definition of stalking and cyberstalking, as well as to expand protection mechanisms for victims of domestic violence.

What stalking is and why Ukraine wants to introduce separate liability

Two interrelated bills — No. 12088 and No. 12297 — concerning the fight against the persecution of people, domestic violence, and violence against women and children are under parliamentary consideration.

In many countries around the world, stalking has long been a separate offense or crime. Liability for it is provided, in particular, in the USA, Canada, Germany, France, the United Kingdom, Ireland, Latvia, Lithuania, and Estonia.

The need to criminalize persecution is also directly stipulated by the Istanbul Convention, which Ukraine ratified in 2022. The document obliges states to ensure criminal liability for repeated threatening behavior towards another person that causes them to fear for their own safety.

Stalking is often not an independent problem but a precursor to more serious crimes — physical violence, sexual assaults, serious bodily injuries, or even murder. That is why many countries consider it a preventive tool to protect potential victims.

What actions can be recognized as stalking and cyberstalking

Bill No. 12088 proposes for the first time to enshrine in Ukrainian legislation the concepts of "criminal persecution (stalking)" and "cyberpersecution."

Stalking is proposed to be understood as a form of psychological violence manifested in unwanted intrusive attention to a person, surveillance of them, and repeated presence near their place of residence without legally prescribed permission.

Cyberpersecution is separately defined. It refers to observing a person without their consent using digital technologies, including through social networks, messengers, email, phone, password theft, hacking electronic devices, installing geolocation programs, using spyware, and illegal access to personal data.

In fact, lawmakers propose to cover both physical persecution of a person and their digital surveillance.

What punishment is proposed for stalking

The more comprehensive bill No. 12297 proposes to amend the Criminal Code of Ukraine directly and supplement it with a new article 129-1 "Illegal persecution (stalking)."

According to the draft, stalking may be recognized as intentional actions committed two or more times, consisting of illegal surveillance of a person, imposed communication, direct or indirect interference in personal or family life, as well as contacts through electronic communications against the person's will.

A mandatory feature of such an offense must be that such actions cause the victim to fear for their own safety or the safety of close people.

For such actions, it is proposed to establish a punishment in the form of a fine from 34 thousand to 68 thousand hryvnias (from 2,000 to 4,000 non-taxable minimum incomes of citizens as of 2026), community service for a period of 150 to 240 hours, correctional labor for up to two years, probation supervision for up to two years, or restriction of liberty for the same period.

If the persecution is committed repeatedly, by a group of persons, against a minor, or in connection with the victim performing official or public duties, the punishment may be from three to four years of imprisonment.

How protection of domestic violence victims is proposed to be strengthened

Bill No. 12088 also provides for strengthening the protection of domestic violence victims.

In particular, it is proposed that the first-instance court decision on the application of restrictive measures to persons who committed domestic violence shall take effect immediately after pronouncement, and filing an appeal shall not suspend its execution.

This concerns cases when the court prohibits the offender from contacting the victim, approaching them, or being in certain places.

The conclusion of the Main Scientific and Expert Department of the Verkhovna Rada states that such restrictive measures comply with the approaches of the Istanbul Convention and European standards for protecting victims.

Why parliamentary experts criticized the definition of stalking

At the same time, the Main Scientific and Expert Department expressed a number of comments on the proposed formulations.

Experts noted that stalking should not be limited only to cases of domestic violence, as persecution often occurs between people who are not in family or close relationships.

In addition, the conclusion states that the proposed definition of stalking may be too narrow, as it mainly covers surveillance and presence near the place of residence, although in practice persecution may manifest much more broadly — through intrusive contacts, threats, movement control, or other forms of interference in a person's private life.

What other changes to the Criminal Code does the bill provide

Besides criminalizing stalking, bill No. 12297 provides comprehensive changes to implement the provisions of the Istanbul Convention and strengthen protection for victims of violence.

In particular, it is proposed to expand the list of circumstances that aggravate punishment if the crime is committed using a weapon or threat of its use.

It is also planned to increase the list of cases when a milder punishment cannot be imposed or a person cannot be released from serving a sentence with probation.

Moreover, restrictive measures are proposed to be extended to crimes against sexual freedom and sexual inviolability of a person, as well as to increase the terms of their application.

The document provides for separate liability for coercion or forcing to mutilate sexual organs, as well as strengthening liability for domestic violence against children.

However, despite Ukraine's international obligations and the relevance of the persecution problem, separate criminal liability for stalking has not yet been introduced, and the relevant legislative initiatives continue to be under parliamentary consideration.

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